C.C. Formwork Pty Ltd

[2020] FWCA 7077

[2020] FWCA 7077

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

C.C. Formwork Pty Ltd
(AG2020/3371)

C.C. FORMWORK PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 24 DECEMBER 2020

Application for approval of the C.C. Formwork Pty Ltd Enterprise Agreement 2020.

[1] C.C. Formwork Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the C.C. Formwork Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representative regarding the undertakings. The Employer provided written correspondence from the bargaining representative noting that he agrees with the undertakings made by the Employer.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2020. The nominal expiry date of the Agreement is three years from the date of operation in accordance with clause 4 of the Agreement, being 31 December 2023.

COMMISSIONER

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Annexure A